PRIA, Government Policy, Made Personal

Summary

Defines key words used in this chapter. It gives short, plain meanings for 12 important terms used later. authorized agency is a state office chosen to send, get, or share information under this law; child is whoever a State’s criminal child abuse law calls a child; child abuse crime is any state crime that involves harming, sexually abusing or exploiting, neglecting, or mistreating a child; child abuse crime information is identifying facts about a person arrested for or convicted of such a crime, including full name, race, sex, date of birth, height, weight, fingerprints, a short description of the offense, how the charge was resolved, and any other info the Attorney General finds helpful; care is providing care, treatment, teaching, supervision, or recreation to children, the elderly, or people with disabilities; identifiable child abuse crime case is a case an authorized criminal agency can spot in a record by the statute citation or label; individuals with disabilities are people with mental or physical impairments who need help with daily tasks; national criminal history background check system is the FBI’s criminal record system based on fingerprints or other positive ID; covered individual is someone who has or may have access to children, the elderly, or people with disabilities served by a qualified entity and who is or seeks to be an employee, volunteer, owner, or operator of that entity; qualified entity is any public or private business or group that provides care or care placement services, including those that license or certify care providers; State includes a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific; designated entity is an entity the Attorney General names under section 40102(f)(2)(A).

Title 34, §40104

Navy, Source: USLM XML via OLRC

For the purposes of this chapter—

(1)the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;

(2)the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;

(3)the term “child abuse crime” means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person;

(4)the term “child abuse crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime;

(5)the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;

(6)the term “identifiable child abuse crime case” means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by reference to the statutory citation or descriptive label of the crime as it appears in the criminal history record;

(7)the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;

(8)the term “national criminal history background check system” means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification;

(9)the term “covered individual” means an individual—

(A)who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and

(B)who—

(i)is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or

(ii)owns or operates, or seeks to own or operate, a qualified entity;

(10)the term “qualified entity” means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services;

(11)the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific; and

(12)the term “designated entity” means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 5119c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2018—Par. (9). Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term “provider”. Par. (12). Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12). 2002—Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted before semicolon at end “(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”. Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before semicolon at end “(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)”. 1994—Par. (5). Pub. L. 103–322, § 320928(a)(3)(A), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “the term ‘child care’ means the provision of care, treatment, education, training, instruction, supervision, or recreation to children by persons having unsupervised access to a child;”. Pars. (6), (7). Pub. L. 103–322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively. Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10). Pub. L. 103–322, § 320928(a)(3)(B), substituted “care” for “child care” wherever appearing. Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an

Effective Date

note under section 6301 of Title 20, Education.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§40104 Definitions

Summary

Title 34, §40104

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Citations & Metadata